Wrongful Death

Royal Oak Wrongful Death Attorney

Direct Attorney Guidance for Michigan Wrongful Death Claims

A death caused by another party’s alleged negligence can raise immediate questions about liability, evidence, insurance coverage, and who has authority to act for the estate. At Garrison Law , we review the circumstances surrounding the fatal incident, identify potentially responsible parties, and explain the legal options available under Michigan law.

Important records and physical evidence can become harder to obtain over time. We can investigate the incident while helping the family determine whether a personal representative has been appointed and what losses may be claimed by the estate and eligible family members.

Your family’s loss deserves more than a form letter response. Call our Royal Oak wrongful death attorneys directly at (888) 455-2115 and request a free in-person or virtual consultation today.

Incidents That May Qualify as Wrongful Death

Under Michigan’s Wrongful Death Act (MCL 600.2922), a claim may arise when a person’s wrongful act, neglect, or fault causes a death under circumstances that would have supported a legal action if the deceased person had survived. Liability depends on the underlying facts, including whether a party owed a legal duty, breached that duty, and caused the fatal injury.

Potential sources of wrongful death liability include:

  • Motor vehicle and truck accidents. Drivers, trucking companies, vehicle owners, and other parties may need to be investigated.
  • Workplace and industrial accidents. Safety procedures, equipment records, employment relationships, and third-party conduct may affect liability.
  • Nursing home negligence. A claim may involve inadequate care, delayed treatment, unsafe conditions, or failures to follow a resident’s care plan.
  • Premises liability incidents. Fatal falls, inadequate security, and dangerous property conditions may support a claim when the evidence establishes legal responsibility.
  • Medical malpractice. Fatal medical errors require careful review of treatment records, the applicable standard of care, and causation.
  • Defective products. Manufacturers, distributors, and sellers may face claims involving unsafe designs, manufacturing defects, or inadequate warnings.
  • Government misconduct. Claims involving a public agency can present additional immunity, notice, and filing issues that require prompt review.

Our attorneys evaluate the cause of death and each potentially responsible party rather than assuming liability from the type of incident alone. We handle wrongful death matters for families in Royal Oak, throughout the Detroit metro area, and across Michigan.

Who Can File a Michigan Wrongful Death Lawsuit?

The personal representative of the deceased person’s probate estate files the wrongful death lawsuit. A spouse, child, parent, or other relative doesn’t automatically have authority to bring the case individually. If the probate court hasn’t appointed a personal representative, opening an estate and obtaining letters of authority may be necessary before the lawsuit can proceed in the proper form.

The person authorized to file isn’t necessarily the only person who may recover damages. Depending on the family structure and estate documents, eligible claimants may include a surviving spouse, children, descendants, parents, grandparents, siblings, certain beneficiaries named in a will, and heirs under Michigan law.

The personal representative must follow statutory procedures for notifying people who may be entitled to damages. We can help identify those individuals, document their relationships and losses, and address questions about the estate’s authority early in the process.

Let Us Help You Seek the Justice You Deserve

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Wrongful Death Investigation & Case Preparation

From your first conversation with our team, we take the time to understand what happened and who may be liable. We review police reports, medical records, and available witness accounts to build a clear picture of the incident. Depending on what the case requires, we may also examine accident reconstruction, safety records, employment files, or opinions from medical professionals.

Once we understand the full scope of your loss, we develop a strategy tailored to your family’s circumstances. Depending on the evidence and the parties’ positions, we may pursue a negotiated settlement or prepare the case for trial. Throughout the process, we keep you informed and answer your questions so you know where your case stands.

Clients work directly with the attorney assigned to their case. Since 2006, we’ve recovered millions of dollars for clients across our practice, and our extensive courtroom experience allows us to prepare serious claims for trial when litigation is the appropriate course.

Damages in a Michigan Wrongful Death Claim

Wrongful death damages can account for losses incurred by the estate as well as losses experienced by eligible family members. The available compensation depends on the evidence, the deceased person’s circumstances, each claimant’s relationship with that person, and Michigan’s statutory procedures.

Recoverable losses may include:

  • Medical and hospital expenses related to the fatal injury
  • Funeral and burial expenses resulting from the death
  • Conscious pain and suffering experienced between the injury and death
  • Loss of financial support and services the deceased person would have contributed
  • Loss of society and companionship suffered by eligible family members

A survival action preserves a legal claim the deceased person could have pursued if they had lived. It may include damages for conscious pain and suffering before death. Wrongful death damages address losses caused by the death itself, including lost support and the family’s loss of society and companionship. These related losses may be addressed through the estate’s wrongful death case, but they require different evidence.

Deadlines, Probate & Settlement Approval

Michigan doesn’t apply one simple filing deadline to every wrongful death case. The controlling statute of limitations may depend on the underlying claim, while the wrongful death savings provision may be affected by when the personal representative received authority. The injury date, death date, claim type, and estate appointment history all require case-specific review.

Filing & Notice Requirements

Medical malpractice and claims involving government entities can carry additional notice or procedural requirements. After litigation begins, the personal representative may also need to notify people who could be entitled to share in the recovery. Families should obtain legal advice promptly rather than relying on a general deadline calculated from the date of death.

Settlement & Distribution

A proposed wrongful death settlement may require court approval. The court may also determine how proceeds are distributed among eligible claimants after considering the evidence supporting their respective losses. We can assist with the underlying liability claim, estate-related procedures, settlement approval, and disputes concerning distribution.

Call Garrison Law at (888) 455-2115 or reach out to us online to request a free in-person or virtual consultation about the death, the estate’s status, potentially responsible parties, and available evidence. We’re available to work on a contingency fee basis.

Your Road to Justice Starts Here

See Some Of Our Recent Victories & Case Results
  • $18 Million Settlement Wrongful Death
  • $9.25 Million Settlement Wrongful Conviction
  • $4.25 Million Settlement Trucking Accident & Wrongful Death
  • $4 Million Settlement Trucking Accident
  • $1.725 Million Settlement General Negligence
  • $1.5 Million Settlement Auto Negligence Wrongful Death
  • $1.5 Million Settlement Civil Rights Wrongful Death
  • $1.1 Million Settlement Civil Rights Wrongful Death

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